Electronic Services Agreement and Disclosure

ELECTRONIC SERVICES
AGREEMENT AND DISCLOSURE

This Electronic Services Agreement and Disclosure (Agreement) is the contract which covers your and our rights and responsibilities concerning electronic products and services offered to you by Black Hills Federal Credit Union (BHFCU). This includes, but is not limited to, the following account, product and service types: membership and deposit accounts, credit cards, loans, online banking, mobile banking, mobile deposit capture and other online services. In this Agreement, the words “you”, “your” and “yours” mean those who request and use an electronic product or service, any joint owners of accounts accessed under the Agreement or any authorized users of the product or service. The words "we," "us," and "our" mean BHFCU. The word "account" means any one or more accounts you have with BHFCU. By requesting and using electronic products and services each of you, jointly and severally, agree to the terms and conditions in the Agreement, and any amendments.

TYPES OF ELECTRONIC COMMUNICATIONS YOU WILL RECEIVE

Certain laws require us to provide specific information to you in writing and you have the right to receive that information in paper form. BHFCU may provide this information electronically if we present this disclosure and you consent to receive them electronically. BHFCU may still present these communications to you in paper format from time to time.

You understand and agree that BHFCU may provide to you, in electronic format only, by posting the information on the website where you access your account, via email, through our online banking or online account opening site, agreements, disclosures,
notices and other information regarding your accounts, services and products. These communications may include, but are not limited to:

This Disclosure, as well as any updates or modifications;
Disclosures, Agreements, Notices and Modifications regarding the opening orinitiation of an account, product or service. These communications will include, but not be limited to: account agreements, fee schedules, overdraft privilege policy and opt-in and other disclosures or notices required by Truth in Savings Act; Electronic Fund Transfers Act, Truth in Lending Act; Equal Credit Opportunity Act; Fair Credit Reporting Act, Gramm Leach Bliley Act, Expedited Funds Availability Act or other applicable laws and regulations;
Periodic, Annual or monthly statements, disclosures and notices relating to themaintenance or operation of an account, product or service, including but not limited to account information, account activity or inactivity, payments made or due, and other statements, disclosures or notices that may be required pursuant to federal or state laws and regulations;
Any notice or disclosure relative to an account, product or service such as a late fee, an overdraft fee, a returned item fee, stop-payment fees, etc.
Any required notice of changes to your account terms;
BHFCU’s Privacy policy as well as other privacy statements as required by applicable federal or state laws and regulations;
Newsletters and other BHFCU communications;
Tax Statements or notices that we are required to provide to you, such as annual IRS interest statements; and
Other information and documents that we may ask you to submit electronically such as signature cards, W-9’s, etc.

HOW TO WITHDRAW CONSENT

You may withdraw consent to receive communications in electronic form by contacting a Member Service Representative by telephone, mail or via secured message. By withdrawing consent, you agree to receive communications by mail only. There is currently no fee for receiving automated mailed statements and notifications. BHFCU reserves the right to change the terms and conditions upon which the service is offered. Use of our online account opening service may require you to consent to this Agreement more than one time. Other than those required by regulation, BHFCU does not guarantee that all notices will be available in paper format.

SECURITY OF PASSWORDS/ACCESS CODES AND PINS

The access codes, PINs or passwords (password) issued to you are for your security purposes. The password is confidential and should not be disclosed to third parties or recorded. You are responsible for safekeeping your password. You agree not to disclose or otherwise make your password available to anyone not authorized to sign on your accounts. If you fail to maintain the security of these passwords and BHFCU suffers a loss, we may terminate any or all of your electronic services immediately.

TERMINATION OF ELECTRONIC SERVICES TO INCLUDE e-STATEMENT SERVICES.

You agree that we may terminate this Agreement and your use of any or all electronic services if you, or any authorized user of your account or password, breach this or any other agreement with us; or if we have reason to believe that there has been an unauthorized use of your account, password or access code. However, termination of this Agreement will not affect the rights and responsibilities of the parties under this Agreement for transactions and/or fees initiated or incurred before termination.

BUSINESS DAYS. Our business days are Monday through Friday. Saturdays, Sundays, and Federal holidays are not included.

NOTICES. BHFCU reserves the right to change the terms and conditions upon which electronic services are offered. BHFCU will deliver notice to you at least twenty one (21) days before the effective date of any change, as required by law. Use of BHFCU’s electronic services are subject to existing regulations governing your accounts, any future changes to those regulations or the addition of other regulations.

HARDWARE AND SOFTWARE REQUIREMENTS

In order to access, view and retain the electronic communications that we make available to you, you will need:

Browser access to the Internet (World Wide Web) with browser software that supports 128-bit SSL3 (Secure Socket Layer 3) encryption, and a computer that supports the browser software;
Adobe Acrobat Reader software to view your documents;
An operating system and an internet connection capable of receiving, accessing, displaying, and either printing or storing the communications received from us in electronic form by access to our website using a browser as specified above;
Sufficient electronic storage capacity on your computer’s hard drive or other data storage unit;
An email account with an Internet service provider;

You are responsible for the installation, maintenance and operation of any software and your computer. BHFCU will not be responsible for any errors or failures involving any
telephone service, Internet service, software installation or your computer

e-STATEMENTS DISCLOSURE

If you enroll in e-Statements, you agree to allow BHFCU to discontinue sending paper statements via the United States Postal Service and begin sending statement information via electronic means. You further understand that:

You still have the option of receiving a paper statement;
You have the right to withdraw your consent for electronic statements at any time without penalty;
The consent to receive electronic statements may apply to other disclosures. (Please refer to “Types of Electronic Communications You Will Receive” for more information);
It is your responsibility to update the Credit Union with your current email address. Once logged into Online Banking you can update your email address under the My Settings link;
You understand that you may request a one-time paper copy of your statement by contacting the Credit Union at 605-718-1818 and you also understand that a per page fee will be assessed. (Please refer to the “Schedule of Fees” area of our website).

ONLINE BANKING

ACCOUNT ACCESS. You may use your personal computer to access your accounts. Online Banking supports self-enrollment. Online Banking is accessible seven (7) days a week, twenty-four (24) hours a day. This service may be interrupted for a short time each day for data processing. You are responsible to provide, maintain and update any personal information needed to contact you electronically (your email address for example). You can update your personal information and email address by accessing your Online Banking account or by contacting a Member Service Representative via phone or mail.

TYPES OF TRANSACTIONS. At the present time, you may use Online Banking to:

Transfer funds between your checking, savings and loan accounts.
Transfer funds from your savings and checking accounts.
Transfer funds from your savings and checking accounts to accounts with another financial institution.
Remotely deposit checks utilizing your mobile device.
Transfer funds to accounts of other members, which you have preauthorized.
Review account balance, transaction history and tax information for any of your checking, savings or loan accounts.
Request a change of address on your account.
Download your account information to financial management software programs like Quicken® or Microsoft® Money, if applicable.
Make bill payments to a person or business (payee), review bill payment history and make scheduled bill payment changes, if enrolled in the Bill Pay program.
View or email your monthly/quarterly statement(s).
Receive Account Alerts when member-defined conditions have been met.
Conduct other transactions permitted by BHFCU.
Transactions involving your deposit accounts will be subject to the terms of your account agreement and transactions involving a line of credit account will be subject to your loan agreement and disclosures, as applicable.

SERVICE LIMITATIONS. The following limitations on Online Banking transactions may apply in using the services listed above:

a. Transfers. You may make funds transfers to other accounts of yours as often as you like. However, transfers from a savings or a money market account may be limited to a total of six (6) in any one month. You may transfer or withdraw up to the available
balance in your account or up to the available credit limit on a line of credit at the time of the transfer, except as limited under this Agreement or your deposit or loan agreements. BHFCU reserves the right to refuse any transaction that would draw upon insufficient or unavailable funds, lower an account below a required balance, or otherwise require us to increase our required reserve on the account.

b. Account Information. The account balance and transaction history information will be limited to recent account information involving your accounts. Also, the availability of funds for transfer or withdrawal may be limited due to the processing time for ATM transactions and our Funds Availability Policy.

c. Email. BHFCU may not immediately receive email communications that you send to [email protected] and BHFCU will not take action based on email requests until we actually receive your message and have a reasonable opportunity to act. If you need to contact BHFCU immediately regarding an unauthorized transaction, you may call us at the telephone number set forth in the Liability for Unauthorized Access section.

d. Account Alerts. The Account Alerts service is a tool for managing accounts. However, Account Alerts should not be relied upon as the sole source for account information. Although BHFCU makes every effort to ensure alerts are delivered as expected, there are conditions that make the alerts unreliable such as, but not limited to: spam filters, relay detectors, inaccurate or obsolete email addresses, network or system failures, etc. BHFCU recommends that the service be tested by the member prior to regular use to identify any limiting conditions that may be present. We do not guarantee the delivery of any account alert.

e. Bill Payments. You may authorize new payment instructions or edit previously authorized payment instructions for bill payments that are either periodic and nonrecurring (i.e. payments on merchant charge accounts that vary in amount) (periodic bill payments) or automatic and recurring, i.e. fixed monthly mortgage payments, (automatic bill payments). There may be limitations on the maximum dollar amount allowed and you will be notified of these limits. When you transmit a bill payment instruction to us, you authorize us to transfer funds to make the bill payment transaction from the account you designate. Please refer to the attached “Terms and Conditions of the Bill Payment Service” disclosure which contains detailed information about the service including any prohibited payments, exception payments, stop payment requests, electronic bills, liability for unauthorized transfers, billing errors, etc.

f. Zelle. This service enables you to transfer money between you and others who are enrolled directly with Zelle or enrolled with another financial institution that partners with Zelle. Please refer to the Zelle Network Standard Terms disclosures for detailed information about this service.

g. Account to Account Transfer Service. This service enables you to transfer funds between your accounts that you maintain with us and between your accounts that you maintain with us on one hand and your accounts that are maintained by other financial institutions on the other hand. Please refer to the Account to Account Transfer Service Terms of Use disclosures for detailed information about this service.

h. Mobile Deposit Capture. This service enables you to make deposits to your checking or savings accounts from a remote location by capturing a picture of checks and delivering the images to us. Please refer to the Mobile Deposit Capture disclosures for detailed information about this service.

LIABILITY FOR UNAUTHORIZED ACCESS. You are responsible for all transfers and bill payments you authorize under this Agreement. If you permit other persons to use Online Banking or your password, you are responsible for any transactions they authorize or conduct on any of your accounts. However, tell us at once if you believe anyone has used your password or accessed your accounts through Online Banking without your authorization. Telephoning is the best way of keeping your possible losses down. You may also contact/notify us via email at [email protected]. Please refer to the 'Service Limitations Email' section of this disclosure. If you tell us within two (2) business days of discovery, you can not lose more than fifty dollars ($50) if someone accesses your accounts without your permission. If you do not tell us within two (2) business days after you learn of the unauthorized use of your account and we can prove that we could have stopped someone from accessing your account without your permission if you had told us, you could lose as much as five hundred dollars ($500). Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell us within sixty (60) days after the statement was mailed to you, you may not get back any money lost after the sixty (60) days; if we can prove that we could have stopped someone from making the transfers if you had told us in time. You may call us at (605) 718-1818 or toll free at (800) 482-2428. Or you may write to us at: Black Hills Federal Credit Union PO Box 1420 Rapid City, SD 57709-1420

FEES AND CHARGES. There are certain charges for electronic services as set forth on BHFCU’s Schedule of Fees. From time to time, the charges may be changed. We will notify you of any changes as required by law. If you request a transfer from your line of
credit account, such transactions may be subject to charges under the terms and conditions of your loan agreement.

PERIODIC STATEMENTS. Transfers, advances, and bill payments transacted through Online Banking and Quick-Teller will be recorded on your periodic statement. You will receive a statement each month unless there is no transaction in a particular month. In any case, you will receive a statement at least quarterly.

ACCOUNT INFORMATION DISCLOSURE. We will disclose information to third parties about your account or the transfers you make:

As necessary to complete transfers and bill payments to verify the existence of sufficient funds to cover specific transactions upon the request of a payee or a third party, such as a credit bureau or merchant;
To comply with government agency or court orders;
If you give us your written permission;
If the disclosure is necessary for the completion of an electronic fund transfer;
If the disclosure is for the purpose of verifying the existence and condition of an account for a third party, including, but not limited to, a credit bureau or merchant;
If the disclosure is made to a government agency in the exercise of its statutory functions with respect to a person applying for or receiving public assistance;
If the possessor of the account gives written permission to BHFCU to disclose the information;
If the disclosure is necessary to resolve an error or an inquiry as to an alleged error; and/or
If the disclosure is made to a supervisory agency in the exercise of its supervisory and regulatory examination functions with respect to a financial institution.

BHFCU’S LIABILITY FOR FAILURE TO MAKE TRANSFERS. If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you and the instructions you transmit, we will be liable for your actual losses or damages. However, BHFCU will not be liable:

If, through no fault of ours, you do not have adequate funds in your account to complete a transaction, your account is closed, or the transaction amount would exceed your credit limit on your line of credit, if applicable;
If you have not properly followed any applicable computer, internet access, or BHFCU user instructions for making transfer and bill payment transactions;
If your computer fails or malfunctions or Online Banking was not properly working and such problem should have been apparent when you attempted such transaction;
If circumstances beyond our control (such as fire, flood, telecommunication outages, postal strikes, equipment or power failure) prevent making the transaction;
If the funds in your account are subject to an administrative hold, legal process or other claim;
If you have not given BHFCU complete, correct and current instructions so that BHFCU can process a transfer or bill payment;
If the error was caused by a system beyond BHFCU’s control, such as your Internet Service Provider;
If you do not authorize a bill payment soon enough for your payment to be made and properly credited by the payee by the time it is due;
If BHFCU makes a timely bill payment but the payee nevertheless does not credit your payment promptly after receipt; and or
If there are other exceptions as established by BHFCU from time to time.

BILLING ERRORS. In case of errors or questions about your bill payment transactions, telephone us at (605) 718-1818 or toll free at (800) 482-2428, email us at [email protected], or write to us at the address set forth in the 'Liability for Unauthorized Access' section as soon as you can. We must hear from you no later than sixty (60) days after we sent the first statement on which the problem appears.

Tell us your name and account number.
Describe the transaction you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
Tell us the dollar amount of the suspected error.

If you tell us verbally, we may require that you send us your complaint or question in writing within ten (10) business days. We will determine whether an error occurred within ten (10) business days after we hear from you and we will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10) business days for the amount you think is in error. This provisional credit enables you to have use of the funds during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit your account.

We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.

If a notice of error involves an electronic fund transfer that occurred within thirty (30) days after the first deposit to the account was made, the applicable time periods for action shall be twenty (20) business days in place of ten (10) business days. If a notice of error involves an electronic funds transfer that was initiated in a foreign country or occurred within thirty (30) days after the first deposit to the account was made, the applicable time period for action shall be ninety (90) calendar days in place of forty five (45) calendar days.

MOBILE BANKING

You may use your web-enabled mobile phone to access Online Banking and view the following: account balances, transaction history, scheduled payments, payment history, account alerts, check account status and send and receive secured messages from BHFCU. You may also conduct a transfer and schedule a payment. You may also receive account information over SMS and set up alerts for your accounts. Please refer to the Terms and Conditions for Mobile Banking disclosure accompanying this document for additional information about SMS function. All terms and conditions applicable to Online Banking apply to Mobile Banking. You may be charged access rates depending on your carrier. Online web access is needed to use Mobile Banking. Check with your service provider for specific fees and charges.

ONLINE ACCOUNT OPENING SERVICE

You may also access BHFCU’s Online Account Opening Service. When you utilize this service you will receive important disclosures electronically depending on the type of product or service requested and you will automatically be set-up to receive your monthly or quarterly statements electronically via our online banking system. Please refer to the “Types of Electronic Communications You Will Receive” and “e-Statement Disclosure” areas of this Agreement for detailed information.

ENFORCEMENT. You agree to be liable to BHFCU for any liability, loss, or expense as provided in this Agreement that BHFCU incurs as a result of any dispute involving your accounts or services. You authorize BHFCU to deduct any such liability, loss, or expense from your account without prior notice to you. In the event either party brings a legal action to enforce the Agreement or collect any overdrawn funds on accounts accessed under this Agreement, the prevailing party shall be entitled, subject to applicable law, to payment by the other party of its reasonable attorney's fees and costs, including fees on any appeal, bankruptcy proceedings, and any post-judgment collection actions, if applicable.

GOVERNING LAW. This Agreement shall be governed by and construed in accordance with all applicable federal laws and all applicable substantive laws of the state where you opened your account, and the Bylaws of the Credit Union as they now exist or may be hereafter amended. You understand that we must comply with these laws, regulations, and rules. You agree that if there is any inconsistency between the terms of the Agreement and any applicable law, regulation, or rule, the terms of this Agreement will prevail to the extent any such law, regulation, or rule may be modified by agreement between us.

CONSENT. By accepting this Agreement, you agree to receive all communications regarding your membership, products and services through electronic means. You further agree that you have access to a computer that satisfies the hardware and software requirements specified in this Agreement and that you have provided us with a current, valid email address at which we may send electronic communications to you. We strongly encourage you to print or download a copy of this Agreement, as well as any other communication that is important to you for your files.